This page describes how you (a U.S. citizen) may petition for certain family members to receive either a Green Card, a fiancé(e) visa or a K-3/K-4 visa based on your relationship. (If your relative wishes to naturalize or obtain proof of citizenship, see the Citizenship section of our website.)
| Type of Relative for Whom You May Petition | Immigration Benefit | Guidance | Related Forms |
|---|---|---|---|
| Green Card (permanent residence) | How Do I Help My Relative Become a Permanent Resident? (Guide for U.S. Citizens) (PDF, 688.27 KB) |
|
| Fiancé(e) visa | How Do I Help My Fiance(é) Become a Permanent Resident? (PDF, 679.12 KB) |
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| K-3/K-4 visa | K-3/K-4 visas |
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To petition for a family member to receive a Green Card (permanent residence), begin by filing Form I-130, Petition for Alien Relative. This form establishes the family relationship that exists between you and your relative. Sometimes the I-130 can be filed together with an application for permanent residence, officially known as Form I-485, Application to Register Permanent Residence or Adjust Status. This is discussed below.
| Immediate Relatives | Other Family Members |
|---|---|
Visas are always available for immediate relatives of U.S. citizens. This means your family member does not need to wait in line for a visa. Immediate relatives who are in the United States can file Form I-485, Application to Register Permanent Residence or Adjust Status at the same time as Form I-130. For more information on how your relative can apply to adjust status (get a Green Card) while they are in the United States, see the How Do I Help My Relative Become a Permanent Resident? (PDF, 688.27 KB) guide. | Preference categories apply to family members who are not immediate relatives. The visas allotted for these categories are subject to annual numerical limits. A visa becomes available to a preference category based on the priority date (the date the Form I-130 was filed). Preference categories are grouped as follows:
For current wait times, see the USCIS Processing Time Information page on this website and the Visa Bulletin page on the U.S. Department of State website. For more information on priority dates, see the Visa Availability and Priority Dates page. |
- If your relative is already in the United States, they may apply to adjust status to become a Green Card holder (lawful permanent resident) after a visa number becomes available using Form I-485.
- If your relative is outside the United States, your petition will be sent to the National Visa Center (NVC). The NVC will forward your petition to the appropriate U.S. consulate when a visa becomes available and your relative will be notified about how to proceed. This process is referred to as “consular processing.”
- Your family member’s preference category will determine how long they will have to wait for an immigrant visa number. Once you have filed a petition, you can check its progress the My Case Status page. For visa availability information, see the Visa Bulletin page on the U.S. Department of State website.
For more information on becoming a Green Card holder, see the Adjustment of Status for processing within the United States and Consular Processing page for processing overseas. For more information on Green Cards, see the Green Card section.
NOTE: A visa petition (Form I-130 or Form I-129F) is only used to demonstrate a qualifying relationship. An approved petition DOES NOT grant any benefit, it simply creates a place in line for visa processing.
If you or a member of your family is in the U.S. military, special conditions may apply. See the Military section of the website.
More Information
- How Do I Help My Relative Become a Permanent Resident? (PDF, 688.27 KB)
- How Do I Help My Fiancé(e) Become a Permanent Resident? (PDF, 679.12 KB)
- Citizenship
- Passports
Forms
- Form I-130, Petition for Alien Relative
- I-485, Application to Register Permanent Residence or Adjust Status
- I-864, Affidavit of Support
- I-129F, Petition for Alien Fiance(e)
- Family Based Forms
Other USCIS Links
- Green Card for a Family Member of a U.S. Citizen
- Green Card for Immediate Relative of a U.S. Citizen
- Visa Availability & Priority Dates
External Links
- Visa Bulletin
If you are a non-profit organization thinking about 501(c)(3) tax exempt status, but are concerned about the costs and paperwork, or if you are not yet in a position to apply (e.g. you have not filed with the state to become a corporation or you do not have a Board of Directors in place), then a fiscal sponsorship is an alternative option for your organization.
What is a fiscal sponsorship?
Chelsea New Sponsor 3
A fiscal sponsorship exists when a 501(c)(3) tax-exempt organization, known as the fiscal sponsor, allows another organization to use its 501(c)(3) status. This relationship is controlled by a written agreement that is signed by the fiscal sponsor and your organization.
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Your organization is able to use the sponsor’s tax exempt status as if it were its own. All donations received must be used in line with the sponsor’s tax-exempt purpose and in compliance with 501(c)(3) tax-exempt requirements.
What does the sponsorship relationship look like?
There are two types of sponsorships, called Comprehensive Fiscal Sponsorship, and Pre-approved Grant Relationship Fiscal Sponsorship.
Comprehensive Fiscal Sponsorship (Internal Program model)
This is the most common fiscal sponsorship. When your organization enters this type of relationship, it becomes an internal program of the sponsor.
Your organization is a part of the sponsor and not its own separate legal entity. The sponsor will become responsible for administrative tasks and may require you to give up control to the sponsor’s board of directors. The sponsor will likely require compensation for handling the administrative tasks. This is usually received through charging a certain percentage of donations.
Pre-approved Grant Relationship Fiscal Sponsorship (Grantee model)
Under this relationship, your organization is a “grantee.”
The sponsor is responsible for establishing a restricted fund that will receive and hold all donations made to your organization. The sponsor will then make grants to your organization, the “grantee”, out of this restricted fund.
What are the issues to consider before entering a fiscal sponsorship relationship?
Much of what a sponsor will do for your organization is decided by the individual sponsor. The relationship between the sponsor and your organization is not defined under the law and may differ depending on the sponsor.
Before entering into a fiscal sponsorship relationship, your organization may want to inquire with the sponsor about its terms. You may want to review a standard agreement between organizations and the sponsor to see what rights you may be giving up and what you may continue to be responsible for. Think about the following pros and cons:
Comprehensive Fiscal Sponsorship (Internal Program model)
PROS:
- Your organization does not need to file separately for its own tax-exemption, saving your organization money and time.
- Your organization has minimal responsibility for maintaining or meeting certain federal or state filing requirements.
- The sponsor is responsible for your organization’s administrative tasks.
- The sponsor will not charge you “out of pocket” for these services, but will take anywhere from 5-15% off donations or funds raised.
- Depending on the sponsor, they may accept full legal liability for the work being done by your organization.
CONS:
- Your organization is not its own separate legal entity, but a part of the sponsor.
- You may be required to give up control and oversight of your organization to the fiscal sponsor’s board of directors, but may be allowed to continue to run day to day operations.
- Any funds your organization raises during the sponsorship relationship legally belong to the fiscal sponsor.
- The sponsor has final say over how those raised funds will be used.
- The sponsor has its own tax-exempt mission statement and can only accept organizations that meet or fall under this.
Pre-Approved Grant Relationship Fiscal Sponsorship (Grantee model)
PROS:
- You maintain control and do not have to give it up to the sponsor’s board of directors.
- Your organization is its own legally entity, separate from the sponsor.
Sponsor 4 Success
CONS:
- Some legal experts worry that the IRS will not provide tax deductions for donors under these conditions.
- Your organization must submit reports to the sponsor detailing how the grant funds were used.
- Your organization has full responsibility for maintaining or meeting certain federal or state filing requirements.
- The sponsor has its own tax-exempt mission statement and can only accept organizations that meet or fall under this.
- Your organization accepts legal liability for the work being done.
Examples of fiscal sponsors in Maryland
Below are five sponsors that, at the time of this writing, work with many other organizations in the State of Maryland. Each possesses their own 501(c)(3) tax-exemption and sponsor many different organizations that fall within their mission statement.
Docs in Progress (http://docsinprogress.org/)
- Located in Silver Spring, Maryland
- Sponsors organizations that conduct documentary projects.
Fusion Partnerships, Inc. (https://fusionpartnerships.wordpress.com/)
- Located in Baltimore, Maryland
- Sponsors organizations that are committed to making their community better and promoting social change.
Strong City Baltimore f/k/a Greater Homewood Community Corp. (http://www.greaterhomewood.org/)
Chelsea Sponsor 3
- Located in Baltimore, Maryland
- Sponsors organizations that are concerned with improving and bringing their community and neighborhood together.
The Learners Lab (http://www.thelearnerslab.org/)
- Located in Lanham, Maryland
- Sponsors organizations that are currently pursuing or already have 501(c)(3) status.
Sponsor 3 Chelsea
Maryland Nonprofits (http://www.marylandnonprofits.org/nonprofitresources/capacitybuildingprograms/fiscalsponsorship.aspx)
- Located in Baltimore, Maryland
- Sponsors organizations with charitable or educational purposes.
Sponsor 3rd Form